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(영문) 서울중앙지방법원 2021.01.28 2020나23430
양수금
Text

Of the judgment of the first instance, the part against the plaintiff corresponding to the amount ordered to be paid below shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. On June 10, 2008, the Defendant entered into a credit transaction agreement with H Co., Ltd. (hereinafter “H”) on the amount of KRW 100 million per annum, KRW 13% per annum, KRW 25% per annum, and June 10, 2009, with the maturity date of the credit period, and received a loan from H by using Maspbook within the said credit limit (hereinafter “instant loan claim”). (b) The Financial Services Commission designated the Defendant as an insolvent financial institution on May 6, 2012 pursuant to the Act on the Structural Improvement of the Financial Industry (hereinafter “the Act on the Structural Improvement of the Financial Industry”). On September 5, 2012, the Financial Services Commission made a decision to transfer the assets of H including the instant loan claim to E (hereinafter “transfer decision”).

(c)

Since then, on December 19, 2014, the instant loan claims were transferred from Co., Ltd. to F, Ltd. to the Plaintiff, and on December 20, 2014, from F, Co., Ltd. to the Plaintiff. On January 20, 2015, upon delegation from each transferor, the Plaintiff sent to the Defendant a written notice of transfer of claims indicating the transfer of each of the instant loan claims (hereinafter “instant content certification”).

(d)

As of August 21, 2019, the amount of loans of this case is KRW 237,618,566, which is the sum of principal KRW 84,826,562, interest KRW 152,792,00,000.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 5, and 7 (including branch numbers), the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the facts of recognition as above, the instant loan claims were assigned in sequence from H to the Plaintiff via E and F, in order to the Plaintiff.

Therefore, the Defendant as the assignee of the instant loan claim is the Plaintiff as to KRW 237,618,566 of the principal and interest of the instant loan claim and KRW 84,826,562 of the principal.

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